High Court of KeralaWP(C)/3545/2015dismissed

Sudhi Kumar v. State Of Kerala

2015-02-05Honourable Mr.Justice V.Chitambaresh3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 5TH DAY OF FEBRUARY 2015/16TH MAGHA, 1936 WP(C).No. 3545 of 2015 (P) --------------------------- PETITIONER(S):

---------------- SUDHI KUMAR, AGED 48, S/O. KRISHNA PILLAI, LALITHAMANGALAM, MANGALATHUKONAM VAYYETU, NELLANADU VILLAGE, VENJARAMOODU P.O., THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.S.VIDYASAGAR RESPONDENT(S):

-------------------

1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 696 001.

2. THE EXECUTIVE ENGINEER, KERALA STATE TRANSPORT PROJECT (KSTP), PULAMON, KOTTARKKARA - 691 506.

3. DISTRICT COLLECTOR, THIRUVANANTHAPURAM - 696 001.

R BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3545 of 2015 (P) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------------- EXHIBIT-P1-TRUE COPY OF THE COMMON AWARD IN LAR 7/2006 WITH LAR 8/06 AND LAR 9/06 EXHIBIT-P2-TRUE COPY OF THE AWARD IN LAR 1/2005. EXHIBIT-P3-TRUE COPY OF THE SKETCH AND PLAN IN LAR 1/2005 EXHIBIT-P4-TRUE COPY OF THE COMMISSION REPORT IN LAR 1/2005. RESPONDENT(S)' EXHIBITS : NIL.

------------------------------- //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.3545 of 2015 --------------------- Dated this the 5th day of February, 2015

J U D G M E N T

The petitioner contends that higher compensation was awarded in respect of similar lands covered by the same notification. My attention was drawn to the common Award in LAR.Nos.7, 8 and 9 of 2006. The petitioner has already suffered the Award in LAR.No.1/2005. The remedy open to the petitioner is to file an Land Acquisition Appeal against LAR.No.1/2005. The Writ Petition under Article 226 of the Constitution of India is not the proper remedy.

The Writ Petition is dismissed without prejudice to the right of the petitioner as above. Sd/- V.CHITAMBARESH, Judge.

nj.